2018 Ocala Pride Festival Vendor Agreement
The following agreement details the terms for all Vendors (herein referred to as "Exhibitor") doing business at the 2018 Ocala Pride Festival on Saturday, October 6th, 2018 at Tuscawilla Park in Ocala, FL. Exhibitor agrees to use and occupy said space at the rental provided and for the purposes of exhibiting products or services, subject to the conditions set forth herein:
1. CANCELLATIONS AND REFUNDS: Except as expressly set forth in this paragraph, OPI shall make no refunds of monies paid for rental of the booth.
A) If the application for exhibition space is denied for any reason, or no reason, the application fee will be refunded.
B) If the Ocala Pride Festival is cancelled by reason of an Act of God, catastrophe, or other occurrence beyond the control of OPI, and rescheduled for another date within 60 days of the original date exhibitor shall receive a credit towards participation at the future event. If Ocala Pride Festival is cancelled and cannot be rescheduled within the 60 days, exhibitor shall be refunded that portion of its payment.
C) Ocala Pride Festival is considered to be a “Rain or Shine” event, as such event will go on as planned.
2. PRODUCTS DISPLAYED: Products or services exhibited must be used by or related to LGBTA interests. Exhibitor(s) shall submit a list of merchandise, products, and services they intend to exhibit with their application. Only items approved will be allowed to be displayed. The right to refuse participation to any applicant, for any reason, is at the sole discretion of OPI. OPI reserves the right to prohibit signs, banners or groups marketing or promoting illegal, obscene or pornographic items.
3. Exhibitor(s) are prohibited from selling/dispensing any items(s) bearing any marking, slogan, reference or image related to Ocala Pride Incorporated (unless an OPI licensing agreement is obtained).
4. SPACE ASSIGNMENT: All or any of the space herein above designated is subject to reassignment and rearrangement by OPI management, and any proposed/advanced layout does not constitute a binding obligation to place an Exhibitor(s) in any particular space. Spaces may not be exchanged with other Exhibitor(s).
5. USE OF SPACE, SUBLETTING OF SPACE: No Exhibitor(s) shall assign, sublet or share the space allotted with another business or firm, unless approval has been obtained in writing from OPI. Exhibitor(s) are not permitted to feature names or advertisements of non-exhibiting manufacturers, distributors or agents in the Exhibitor’s display, parent or subsidiary companies excepted. Exhibitor(s) are responsible for all equipment necessary to set up their display area. Tents, tables and chairs are available for an extra fee, contact OPI prior to the event for pricing and reservations, limited supplies available.
6. SPECIAL NEEDS: electrical, phone lines, etc. Are not included in the participant fee. These and any other special needs must be coordinated directly with OPI staff prior to the event. Exhibitor(s) agrees that OPI is not responsible for damaged or missing materials.
7. EXHIBITOR REPRESENTATION: Exhibitor(s) agrees to appoint a duly authorized representative to have responsibility for and be in attendance at its exhibit during the Ocala Pride Festival hours. Exhibitor(s) agrees to keep an attendant in his/her/its display during the open hours of the festival. All participants must meet and adhere to certain standards, rules or regulations set or adopted by the City of Ocala.
8. TABLE TOP & EXHIBIT LOCATIONS & RESTRICTIONS: Display and/or storage for Table Top & exhibitors is limited to the within the 10X10 space assigned. There is no spillover area. No private sound system is allowed from your exhibition space unless approval is given by OPI in advance. Promotional giveaways must be approved in advance by OPI. No food or beverage (of any kind) giveaway is permitted, including the distribution of items or literature in the walkways.
9. SET-UP & BREAKDOWN DEADLINE: All work involved in the set-up and preparation of an exhibit booth must be completed between before 10:30am, prior to the official opening of the Ocala Pride Festival, unless special instructions have been provided. For safety and esthetic reasons, no breakdown will be allowed prior to the times listed in your final instructions (generally 1.5 hours prior to closing). Any vendor breaking down prior to listed time will not be re-invited the following year.
10. EXHIBITOR ROOMS/PARKING: There is no hospitality room for exhibitors. Exhibitor(s) are advised to bring their own refreshments. There is no reserved parking for exhibitors, therefore, it is advised to carpool as much as possible since parking may be limited.
11. MANAGEMENT LIABILITY: Neither OPI nor its Board of Directors or Committee’s, the City of Ocala, their agents or employees, shall be liable for any damage to property or loss of business to Exhibitor(s) or any person using its allocated space or for the loss by theft or other means of any product or personal property.
12. INDEMNIFICATION: Exhibitor(s) on behalf of itself and its employees, agents, servants, customers and guests will protect, indemnify and save harmless OPI, City of Ocala and their agents or employees, against and from any penalty or damage imposed for any violation of any laws or ordinances occasioned, caused or contributed to by any willful or negligent act of exhibitor, their employees, agents, or servants. Exhibitor(s) on behalf of itself, its employees, agents, servants, customers and guests, will at all times protect, indemnify and save harmless OPI, the City of Ocala and their respective agents against any and all loss, claim, liability, damage or expense arising out of or from any accident or other occurrence in connection with the use or occupation by exhibitor of said space, causing injury to any person or property whomsoever, occasioned, caused or contributed to by any willful or negligent act of exhibitor, their employees, agents or servants.
13. DEFAULTS: If Exhibitor(s) defaults in any of its obligations under this agreement, including any rule or regulation promulgated pursuant to this agreement, OPI may terminate this agreement without notice, retain all monies received on account of rental as liquidated damages, and remove said exhibitor(s), its employees, agents or servants and all of its merchandise and personal property from the Ocala Pride Festival.
14. INTELLECTUAL PROPERTY: Ocala Pride, OPI and any variation are registered service and trademarks of Ocala Pride Incorporated, and permission for their use on merchandise for sale must be secured in writing from OPI in advance All rights reserved. Any unauthorized use of the above terms or the OPI logo, will constitute service and trademark infringement and will be subject to prosecution. Applications for the licensing of certain registered terms and/or the OPI logo, for use in the manufacture of souvenir items may be obtained by contacting OPI. Reasonable licensing fees may be assessed.
15. RETAIL SALE OF GOODS & SERVICES: Retail sales may be permitted at the Festival, but it is the sole responsibility of the Exhibitor(s) to comply with Federal, State and Local laws, regulations and/or ordinances relating to such sales, including without limitation, sales tax and licensing fees. Exhibitor(s) agrees to absolve OPI of liability with respect to such compliance.
16. COMPLIANCE WITH LAWS: The exhibitor(s), its employees, agents, and servants shall comply with all of the applicable Federal, State, and Local laws, including but not limited to the prohibition of nudity and obscenity (unless otherwise covered no see through clothing, jockstraps, bras, panties, thongs or chaps are allowed.) Exhibitor(s) shall comply with all of the applicable rules and regulations of the local Police and Fire Departments and City of Ocala. The possession, distribution or use of DRUGS or FIREARMS at the festival shall result in immediate removal of the violator.
17. CARE OF PARK AND EQUIPMENT: Exhibitor(s) or their agents shall not injure or deface any part of the Festival area, the booths, or booth contents or Festival equipment and décor. When such damage appears, the exhibitor(s) is liable to the owner of the property so damaged.
18. OTHER REGULATIONS: These rules and regulations are part of the contract for space, which becomes effective upon the acknowledgement of the receipt of the Vendor Application and appropriate deposit. OPI reserves the right to make such additional conditions, rules, and regulations as it deems necessary to ensure the success of OPI. All amendments that may be so made shall be equally binding on all parties affected by them, as are the original regulations.
19. SPECIAL CLAUSE FOR FOOD VENDORS:
A) Diverse menus are encouraged in order to create a fair opportunity for all vendors.
B) OPI will provide dedicated food & beverage seating area with tables, chairs & trash service.
C) Vendor will provide: all equipment, tables and setup items.
D) Vendors are not permitted to sell alcoholic beverages of any kind. OPI is the only permitted and licensed entity that legally can sell alcoholic beverages. Vendors are encouraged to sell non-alcoholic Coke a Cola beverages including bottled water
E) Vendor must possess a current State of Florida DBPR license to sell food to the public. A copy must accompany this application or be forwarded no later than 30 days following receipt of the application. DBPR has requirements for serving food in this type of environment. You are expected to be familiar with these requirements and it is possible to be inspected by the DBPR. OPI cannot accept any liability if your booth is not up to DBPR code and you are cited or shut down. No refunds will be issued.
F) Cooking is not allowed on any grass area.
G) Reminder that break-down may not begin prior to 5:30 pm. You may break down after 5:30 pm at your discretion.
H) Trash service will be provided. All other items must be removed from your booth area after break down.
I) All other rules and regulations as stated on the “Vendor and Exhibitor Regulations” are effective.